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Duties of a Legal Malpractice Attorney:
But maybe you could use someone to get your back. Someone who will really fight for your case. A professional who will really fight on your side. Sometimes you really should have a Florence personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is difficult. However, staying cool and logically oriented can make the difference between getting the fair compensation or going home feeling like you didn’t get what you wanted.
An experienced Florence personal injury attorney can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of what might occur until conversing with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with any potential case.
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What is a Florence Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL usually takes a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary field of a PIL is the intentional injustice case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Florence
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!